Supreme Court Weighs Biden’s Emergency Powers Over Climate Tariffs
The Supreme Court is currently considering a significant constitutional question: whether Congress has given President Biden broad economic powers during a declared national emergency. This could potentially extend to imposing tariffs on goods like gas-powered cars and other items contributing to greenhouse gas emissions, even those crucial to American production.
The court has previously ruled that Presidents cannot claim power over major issues Congress hasn't addressed, including climate emergencies and trade negotiations since 2021. However, if President Trump's interpretation of the International Emergency Economic Powers Act (IEEPA) stands, President Biden could impose tariffs based on other emergencies, such as a national climate emergency.
Neal Katyal, the lawyer representing the arguments for the constitutionality of Trump's use of IEEPA during the Supreme Court hearing, has argued for the President's broad powers. However, CEI Vice President for Strategy Iain Murray warns that unless the court narrows its interpretation of the IEEPA statute, emergency powers could usurp reasoned debate and scrutiny in Congress.
The Supreme Court's decision will significantly impact the balance of power between President Biden and Congress. If the court upholds Trump's use of IEEPA, it could potentially delegate away one of Congress's core powers, requiring a veto-proof majority to prevent such tariffs.
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